420 R.I. Code R. 420-RICR-00-00-1.12

Current through December 3, 2024

Section 420-RICR-00-00-1.12 - Standards of Professional Practice

A. Competence:

1. In practicing landscape architecture, a landscape architect shall act with reasonable care and competence and shall apply the technical knowledge and skill which is ordinarily applied by landscape architects of good standing, practicing in the same locality.

2. In designing a project, a landscape architect shall consider all applicable state and municipal laws and regulations. While a landscape architect may rely on the advice of other professionals (e.g., attorneys, engineers, and other qualified persons) as to the meaning and intent of such regulations, once having obtained such advice, a landscape architect shall not knowingly design a project in violation of such laws and regulations.

3. A landscape architect shall undertake to perform professional services only when he or she, together with those whom the landscape architect may engage as consultants, is qualified by education, training, and experience in the specific technical areas involved.

B. Conflict of Interest:

1. A landscape architect or firm shall not accept compensation for services from more than one party on a project unless the circumstances are fully disclosed to and agreed by all interested parties.

2. If a landscape architect or firm has any business association or direct or indirect financial interest which is substantial enough to influence their judgment in connection with their performance of professional services, the landscape architect shall fully disclose their client or employer the nature of the business association or financial interest, and if the client or employer objects to such association or financial interest, the landscape architect shall either terminate such association or interest or offer to give up the commission or employment.

3. A landscape architect or firm shall not solicit or accept compensation from any material supplier, equipment supplier or contractor in return for specifying or endorsing their products or services unless the circumstances are fully disclosed to and agreed to by all interested parties.

4. When acting as the interpreter of construction or service contract documents and the judge of contract performance, a landscape architect or firm shall render decisions impartially, favoring neither party to the contract.

C. Full Disclosure:

1. A landscape architect or firm shall fully and accurately represent to a prospective or existing client or employer all qualifications and the scope of responsibility in connection with work for which credit is claimed.

D. Professional Conduct

1. No firm shall practice or offer to practice the profession of landscape architecture in Rhode Island unless there is a Rhode Island Registered Landscape Architect in responsible charge of such services in each office or each separate office in which such services are performed or offered to be performed and said Rhode Island Registered Landscape Architect is listed on that firms' Certificate of Authorization, in accordance with R.I. Gen. Laws § 5-51-13.

2. The Landscape Architect in responsible charge shall be able to clearly define the scope and degree of their direct control and personal supervision, explain how it was exercised, and demonstrate responsibility for the work for which the landscape architect has signed and sealed. The Landscape Architect in responsible charge shall exercise the necessary degree of direct control over work, including:

a. Having control over the decisions on technical matters of policy and design;

b. Exercising professional judgment in all professional matters that are embodied in the work, and the drawings, specifications, or other documents involved in the work;

c. Exercising critical examination and evaluation of the firm's work product, during and after preparation, for purposes of compliance with applicable laws, codes, ordinances, regulations and usual and customary standards of care pertaining to the practice of landscape architecture;

d. Making professional decisions (made personally or by others over which he/she exercises direct control and personal supervision), or reviewing and approving proposed decisions prior to their implementation, including consideration of alternatives, whenever professional decisions are made that could affect the health, safety and welfare of the; and

e. Determining the validity and applicability of recommendations prior to their incorporation into the work, including the qualifications of those making the recommendations.

3. The professional decisions that must be made by and are the responsibility of the Landscape Architect in responsible charge are those decisions concerning permanent or temporary work that could affect the health, safety and welfare of the public, and may include, but are not limited to, the following:

a. The selection of alternatives to be investigated and the comparison of alternatives for designed work; and

b. The selection or development of design standards and materials to be used.

4. The Landscape Architect in responsible charge shall be required to stamp all drawings, reports, documents, specifications, or other submissions which are required to be so signed or identified. The Landscape Architect in responsible charge shall also be held professionally accountable for the accuracy and correctness of any such documents submitted, as well as for the quality and professionalism of the work performed.

5. The Landscape Architect in responsible charge shall have the authority to approve or disapprove on behalf of the firm all activities associated with the practice of Landscape Architecture, and such decisions and/or determinations by that individual may not be overturned or altered by any other person or persons associated with that firm except with the approval of the Landscape Architect in responsible charge. No registered person or persons may be designated as being in responsible charge of landscape architecture work by any firm unless and until such designation is made in writing, is signed by the Landscape Architect in Direct Control and Personal Supervision and is submitted to the Department.

6. Upon termination of the designation of in responsible charge, the landscape architect whose designation has been terminated must notify the Board in writing within ten (10) days of their termination from the position of being in responsible charge. Until said notice is received, the designated individual shall remain in responsible charge and may be held accountable for the landscape architecture work performed by that firm.

420 R.I. Code R. 420-RICR-00-00-1.12

Amended effective 6/24/2019
Amended effective 5/1/2023